TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.10 GENERAL STATEMENT OF PURPOSE
Section 1220.10 General
Statement of Purpose
The regulations contained in
this Part detail the procedures for initiating, processing and resolving
charges that an employer or a labor organization has committed, or is
committing, an unfair labor practice in violation of Sections 10(a) and 10(b)
of the Illinois Public Labor Relations Act (Act) [5 ILCS 315].
(Source: Amended at 27 Ill.
Reg. 7436, effective May 1, 2003)
 | TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.20 FILING OF A CHARGE
Section 1220.20 Filing of a
Charge
a) An unfair labor practice charge may be filed with the Board by
an employer, a labor organization, or an employee.
b) Unfair labor practice charges shall be on a form developed by
the Board, shall be signed by the charging party, and shall contain:
1) the name, address, telephone number and affiliation, if any,
of the charging party;
2) the name, address, telephone number and affiliation, if any,
of the respondent;
3) the name, address and telephone number of the charging party's
representative;
4) a clear and complete statement of facts supporting the alleged
unfair labor practice, including dates, times and places of occurrence of each
particular act alleged, and the Sections of the Act alleged to have been
violated;
5) a statement as to whether a grievance concerning the same,
similar or related issue as the charge is pending; and
6) a statement of the relief sought, provided that the statement
shall not limit the Board's ability to award relief based on the record.
c) The charging party shall serve a copy of the charge upon the
respondent. Service may be made personally, or by registered mail, certified
mail, regular mail, or private delivery service. With the permission of the
person receiving the charge, service may be made by fax transmission, by email,
or by any other agreed-upon method. The Board shall serve a courtesy copy of
the charge upon the respondent, but timely service of a copy of the charge
within the meaning of Section 11(a) of the Act is the exclusive responsibility
of the charging party and not of the Board.
d) Unfair labor practice charges must be filed with the Board and
served on the respondent no later than 6 months after the alleged unfair labor
practice occurred.
e) Before the Executive Director issues a complaint for hearing
or dismissal, the charging party may amend its unfair labor practice charge.
Filing, service, and proof of service of an amended charge shall be made in
accordance with 80 Ill. Adm. Code 1200.20.
f) The charging party may withdraw an unfair labor practice
charge. If the charge is pending at the investigative or hearing stage, the
charging party may write a letter to the Executive Director, requesting that
the charge be withdrawn. Upon receipt of the request, the Executive Director will
grant or deny the request for withdrawal of the charge. If the charge is
pending before the Board, the charging party may write a letter to the General
Counsel requesting the charge be withdrawn. Upon receipt of the request, the
General Counsel will grant or deny the request for withdrawal of the charge.
(Source: Amended at 44 Ill.
Reg. 17701, effective October 26, 2020)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.30 APPOINTMENT OF COUNSEL (RENUMBERED)
Section 1220.30 Appointment
of Counsel (Renumbered)
(Source: Renumbered to
Section 1220.105 at 27 Ill. Reg. 7436, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.40 CHARGE PROCESSING AND INVESTIGATION, COMPLAINTS AND RESPONSES
Section 1220.40 Charge
Processing and Investigation, Complaints and Responses
a) The Board or its agent shall investigate the charge. The
investigation may include an investigatory conference with the parties.
1) The charging party shall submit to the Board or its agent all
evidence relevant to or in support of the charge. The evidence may include
documents and affidavits. If the charging party does not comply with the
agent's requests for information and documents, the agent may recommend
dismissal of the charge.
2) Upon request by the Board or its agent, the respondent may
submit a complete account of the facts, a statement of its position in respect
to the allegations set forth in the charge and all relevant evidence in support
of its position. The evidence may include documents and affidavits.
3) If the investigation reveals that the charge involves an
issue of law or fact [5 ILCS 315/11(a)] sufficient to warrant a
hearing, the Board or the Executive Director shall issue a complaint for
hearing. The complaint shall state the issues that warrant a hearing and shall
be served on the respondent and the charging party.
4) If the charge does not state a claim on its face or if the
investigation reveals that there is no issue of law or fact sufficient to
warrant a hearing, the Executive Director shall dismiss the charge. The charging
party may appeal the dismissal in accordance with 80 Ill. Adm. Code 1200.135.
b) Whenever the Executive Director issues a complaint for
hearing, the respondent shall file an answer within 15 days after service of
the complaint and deliver a copy to the charging party by ordinary mail to the
address set forth in the complaint. Answers shall be filed with the Board with
attention to the designated Administrative Law Judge.
1) The answer shall include a specific admission, denial or
explanation of each allegation or issue of the complaint or, if the respondent
is without knowledge thereof, it shall so state and such statement shall
operate as a denial. Admissions or denials may be made to all or part of an
allegation but shall fairly meet the circumstances of the allegation.
2) The answer shall also include a specific, detailed statement
of any affirmative defenses.
3) Parties who fail to file timely answers shall be deemed to
have admitted the material facts and legal conclusions alleged in the
complaint. The failure to answer any allegation shall be deemed an admission of
that allegation. Failure to file an answer shall be cause for the termination
of the proceeding and the entry of an order of default. Filing of a motion
will not stay the time for filing an answer.
4) Leave to file a late answer shall only be granted by the
Administrative Law Judge if the late filing is due to extraordinary
circumstances, which will include, among other things: fraud, act or
concealment of the opposing party, or other grounds traditionally relied upon
for equitable relief from judgments.
(Source: Amended at 27 Ill.
Reg. 7436, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.50 HEARINGS
Section 1220.50 Hearings
a) Upon the issuance of a complaint for hearing, the Board shall
set the matter for hearing before an Administrative Law Judge. The hearing
shall be set not less than 5 days after serving of such
complaint. (Section 11(a) of the Act)
b) Interested persons who wish to intervene in the hearing shall
direct such requests to the Administrative Law Judge. Motions shall be made in
accordance with 80 Ill. Adm. Code 1200.45. The request shall be in writing and
shall state the grounds for intervention. The Administrative Law Judge shall
have discretion to grant or deny the request for intervention. The decision
shall be based upon the interests of the intervenor, whether those interests
will be adequately protected by existing parties, and the timeliness of the
intervenor's request.
c) Pursuant to 80 Ill. Adm. Code 1200.40, the Administrative Law
Judge may schedule a pre-hearing conference when it appears that such a
conference would expedite the procedure.
d) Intermediate rulings of the Administrative Law Judge shall not
be subject to interlocutory appeal. Parties may raise objections to
intermediate rulings in their exceptions to the Administrative Law Judge's recommended
decision.
e) The charging party shall present its case in support of the
charge. The charging party shall have the burden of proving the allegations of
its unfair labor practice charge. The respondent may present evidence in
support of its defense.
f) Any audio or video file that a party wishes to introduce into
evidence must be provided to the Administrative Law Judge in advance of the
hearing on a CD-ROM or DVD, and also as an email attachment. Four copies of
the CD-ROM or DVD must be submitted in total to the Administrative Law Judge.
g) The Administrative Law Judge, on the Judge's own motion or on
the motion of a party, may amend a complaint to conform to the evidence
presented in the hearing or to include uncharged allegations at any time prior
to the issuance of the Judge's recommended decision and order.
h) The Administrative Law Judge shall inquire fully into all
matters in dispute, and shall obtain a full and complete record either by
evidentiary hearing and/or stipulation. After the close of the hearing, the Administrative
Law Judge shall file and serve on the parties a recommended decision.
i) If the charging party fails to appear at the hearing after
proper service of notice, the Administrative Law Judge shall dismiss for want
of prosecution. If the respondent fails to appear, the Administrative Law
Judge shall proceed in the absence of the respondent and issue a recommended
decision and order.
j) All exceptions, cross-exceptions, responses and
cross-responses to the Administrative Law Judge's recommended decision and
order shall be filed and served in accordance with 80 Ill. Adm. Code 1200.135.
(Source: Amended at 48 Ill.
Reg. 18025, effective December 5, 2024)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.60 CONSIDERATION BY THE BOARD (REPEALED)
Section 1220.60
Consideration by the Board (Repealed)
(Source: Repealed at 27 Ill.
Reg. 7436, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.65 DEFERRAL TO ARBITRATION
Section 1220.65 Deferral to
Arbitration
a) The Board may, on its own motion or the motion of a party,
defer the resolution of an unfair labor practice charge to the grievance
arbitration procedure contained in a collective bargaining agreement.
b) A party may file a motion to defer the resolution of an unfair
labor practice charge:
1) at any time during the investigation prior to the issuance of
a complaint for hearing, dismissal, or deferral order. The motion shall be
made in writing to the Board agent investigating the unfair labor practice charge
and shall be served in accordance with 80 Ill. Adm. Code 1200.20; and
2) within 25 days after the issuance of a complaint for hearing.
The motion shall be made in writing to the Administrative Law Judge assigned to
the case and shall be served in accordance with 80 Ill. Adm. Code 1200.20.
c) Responses and any other answering documents, including
memoranda and affidavits, must be filed within 5 days after service of the
motion, or as otherwise required by the Administrative Law Judge or the Board.
Responses must be served in accordance with 80 Ill. Adm. Code 1200.20.
d) If the motion to defer the resolution of an unfair labor
practice charge is made during the investigation, the Executive Director will
rule on the motion by issuance of an order or a complaint for hearing. Parties
may appeal the Executive Director's orders in accordance with 80 Ill. Adm. Code
1200.135(a). Complaints for hearing are not appealable. If the motion to
defer the resolution of an unfair labor practice charge is made after the
issuance of a complaint for hearing, the Administrative Law Judge shall rule on
the motion in accordance with 80 Ill. Adm. Code 1200.45.
(Source: Amended at 46 Ill. Reg. 15593,
effective September 1, 2022)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.70 REQUESTS FOR PRELIMINARY RELIEF
Section 1220.70 Requests for
Preliminary Relief
The charging party may request
the Board to seek preliminary relief pursuant to Section 11(h) of the Act. The
charging party shall have the burden of demonstrating to the General Counsel
that if preliminary relief is not sought it will suffer irreparable harm and
that the remedies available from the Board will be inadequate. Any request to
seek such preliminary relief shall be in writing and accompanied by affidavits,
documents or other evidence supporting the request. All requests shall be
filed with the General Counsel and shall be served on the other party
simultaneously with their filing with the Board.
(Source: Amended at 17 Ill. Reg. 15628, effective September 13, 1993)
ADMINISTRATIVE CODE TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220 UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.80 COMPLIANCE PROCEDURES
Section 1220.80 Compliance
Procedures
a) Whenever it appears that any person has violated a final
order of the Board issued pursuant to Section 11 of the Act, the Board
must commence an action in the name of the People of the State of Illinois by
petition, alleging the violation, attaching a copy of the order of the Board,
and praying for the issuance of an order directing the person, his officers,
agents, servants, successors, and assigns to comply with the order of the
Board. (Section 11(f) of the Act)
b) Parties may request that the Board seek enforcement of the
Board's order pursuant to Section 11(f) of the Act. Requests shall be in the
form of a petition for enforcement filed with the Board and served upon the
other parties, in accordance with 80 Ill. Adm. Code 1200.20. The petition
shall set forth specifically the manner in which the respondent has failed to
voluntarily comply with the Board's order, or ALJ's recommended order in cases in
which the Board has declined to review the ALJ's order.
c) The compliance officer shall investigate the information in
the petition and shall issue and serve upon the parties, no later than 75 days
after the filing of the petition, an order dismissing the petition, directing
specifically the actions to be taken by the respondent, or setting the matter
for hearing before an ALJ.
d) If a party fails or refuses to respond to a compliance
officer's request for information, the compliance officer shall make the
determinations based on the evidence presented.
e) No later than 7 days after service of the compliance officer's
order dismissing the petition or directing action by the respondent, the
parties may file objections to the compliance order. The objections shall:
1) set forth specifically the finding, order or omission to which
the objection is taken; and
2) set forth specifically the grounds for the objection, and be
accompanied by any available supporting documentation, specific calculations
and requests for subpoenas.
f) Any objection to a finding, order or omission not specifically
urged shall be deemed waived. In the event that objections are filed by any
party, the Board shall set the matter for hearing before an ALJ.
g) Parties may appeal the ALJ's recommended compliance decision
and order in accordance with 80 Ill. Adm. Code 1200.135.
h) An
aggrieved party may apply to the Appellate Court for a stay of the enforcement
of the Board's order after the aggrieved party has followed the procedure
prescribed by Supreme Court Rule 335. (Section 11(e))
1) Pursuant
to Supreme Court Rule 335(g), "application for a stay of a decision or
order of an agency pending direct review in the Appellate Court shall
ordinarily be made in the first instance to the agency."
2) Applications
for a stay of a decision or order issued by the Board shall be made by motion
filed with the General Counsel pursuant to 80 Ill. Adm. Code 1200.45, for
consideration and ruling by the Board.
(Source: Amended at 49 Ill.
Reg. 12059, effective September 10, 2025)
|
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.90 SANCTIONS
Section 1220.90 Sanctions
a) The Board's order may in its discretion include an
appropriate sanction, based on the Board's rules and regulations, if the other
party has made allegations or denials without reasonable cause and found to be
untrue or has engaged in frivolous litigation for the purpose of delay or
needless increase in the cost of litigation. The State of Illinois or any
agency thereof shall be subject to these provisions in the same manner
as any other party. (Section 11 of the Act)
b) The Board may award sanctions for such written or recorded allegations
or denials, including statements recorded during the course of Board
proceedings.
c) The sanction may include an admonition or reprimand;
striking an offending allegation or denial; an order to pay the other party
or parties' reasonable expenses, including costs and reasonable
attorney's fees or an appropriate portion thereof; and/or any other appropriate
sanction. (Section 11 of the Act) Sanctions are to be awarded only against
a party or parties to the proceeding.
d) Any party to an unfair labor practice proceeding may move for
sanctions. The motion for sanctions must be a succinct statement identifying
the allegations and/or denials and/or incidents of frivolous
litigation alleged to be subject to sanctions, with citations to the
record, and succinct arguments. (Section 11 of the Act) The party subject to
the motion for sanctions shall have 14 days after service of the motion to
respond or withdraw the paper or position that is the basis of the motion.
Neither the motion for sanctions nor the response may be used as an additional
brief on the merits of the underlying case.
1) Motions for sanctions may be filed with the Executive Director
while an unfair labor practice charge is pending before the Executive Director.
Sanctions before the Executive Director may only be sought for instances of
frivolous litigation. Motions shall be filed no later than 7 days after
receipt of the Executive Director's notice that investigation of the unfair
labor practice charge has been completed, or that a party has withdrawn the
unfair labor practice charge.
2) Once an unfair labor practice complaint has been issued,
motions for sanctions may be filed with the Administrative Law Judge. Sanctions
before the Administrative Law Judge may be sought for both allegations or
denials made without reasonable cause and found to be untrue and/or instances
of frivolous litigation. (Section 11 of the Act.) Motions shall be filed
no later than 7 days after receipt of the last post-hearing brief scheduled to
be filed, or no later than 7 days after the close of the hearing, if no briefs
are to be filed.
3) Once the Administrative Law Judge has issued a recommended
decision and order, or the Executive Director has issued an order dismissing an
unfair labor practice charge, the motion and order is pending before the Board.
Motions for sanctions shall be filed no later than 7 days after receipt of the
last brief scheduled to be filed with the Board, or no later than 7 days after
oral argument before the Board, if such argument occurs after all briefing is
completed. Sanctions before the Board may be sought for either allegations
or denials made without reasonable cause and found to be untrue and/or instances
of frivolous litigation. (Section 11 of the Act)
e) A party may request sanctions from the Board for allegations
or denials made without reasonable cause and found to be untrue even
though it did not move for sanctions on that allegation or denial before
the Administrative Law Judge, and even though the Administrative Law Judge did
not recommend sanctions on such allegations or denials. (Section 11 of
the Act)
f) A party may not request sanctions from the Board for alleged frivolous
litigation for the purpose of delay or needless increase in the cost of
litigation before the Executive Director or Administrative Law Judge,
unless it requested sanctions from the Executive Director or Administrative Law
Judge as to such alleged incident of frivolous litigation, or unless the
Executive Director or Administrative Law Judge recommended sanctions as to such
alleged incident of frivolous litigation. (Section 11 of the Act)
g) Except as provided in subsection (h) below, an order for
sanctions shall be included in the Executive Director's order, the Administrative
Law Judge's recommended decision and order, or the Board decision and order.
h) If neither party has moved for sanctions, the Executive
Director, Administrative Law Judge, or Board may sua sponte issue an order to
show cause why sanctions are not warranted. The party or parties to whom the
order to show cause is directed shall have 14 days from the service of that
order to file a response. The order to show cause shall recite the conduct or
circumstances at issue.
i) An order leveling sanctions shall recite the conduct or
circumstances for which sanctions are sought, and explain the basis for the
sanction imposed.
(Source: Amended at 27 Ill.
Reg. 7436, effective May 1, 2003)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.100 UNFAIR LABOR PRACTICE CHARGES INVOLVING FAIR SHARE FEES AND UNLAWFULLY-COLLECTED DUES
Section 1220.100 Unfair
Labor Practice Charges Involving Fair Share Fees and Unlawfully-Collected Dues
a) Unfair Labor Practice Charges Involving Fair Share Fees
1) Unfair labor practice charges that proportionate share fees
violate the Act shall be filed and processed in accordance with this Part.
2) The Board shall consolidate charges involving proportionate
share fees in accordance with 80 Ill. Adm. Code 1200.105. Specifically, the
Board shall consolidate in a single proceeding all proportionate share fee
charges involving the same bargaining unit. The Board shall consolidate
charges involving two or more bargaining units whenever it determines that the
exclusive representatives are affiliated with a common employee organization,
the exclusive representatives use similar methods for determining fair share
fees, the consolidation would not prejudice the constitutional and statutory
rights of the objecting employees, and the consolidation would resolve the
charges in an efficient manner.
3) In hearings on fair share fee charges, the exclusive
representative shall have the burden of proving how the fair share fee was
calculated and that the fee did not exceed the employee's proportionate share
of the costs of the collective bargaining process, contract administration
and pursuing matters affecting wages, hours and conditions of employment. (Section
3(g) and (e) of the Act)
b) Unfair
Labor Practice Charges Involving Unlawfully-Collected Dues
1) Unfair
labor practice charges that a labor organization has unlawfully collected dues
from a public employee in violation of the Act shall be filed and processed in
accordance with this Part.
2) In
cases in which a public employee alleges that a labor organization has
unlawfully collected dues, the public employer shall continue to deduct the
employee's dues from the employee's pay, but shall transmit the dues to the
Board for deposit in an escrow account maintained by the Board. (Section
6(f-35) of the Act)
3) An
exclusive representative must maintain an escrow account for the purpose of
holding dues deductions to which employees have objected.
4) The
employer shall transmit the entire amount of dues to the exclusive
representative, and the exclusive representative shall hold them in escrow.
5) An escrow
account maintained by an exclusive representative shall meet the following
standards:
A) The
account shall be maintained in a federally insured financial institution.
B) The
account shall earn interest of at least the rate provided by commercial banks
for regular passbook savings accounts.
C) If the
account combines the dues of more than one objector, separate records must be
kept of each objector's dues, prorating the interest earned on the account.
D) The escrow
account may contain the fees of objecting employees in different bargaining
units.
E) Any
charges resulting from a financial institution for the cost of maintaining an escrow
account shall be borne by the exclusive representative.
(Source: Amended at 45 Ill.
Reg. 1880, effective February 1, 2021)
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.105 APPOINTMENT OF COUNSEL
Section 1220.105 Appointment
of Counsel
a) A charging party may file a request for appointment of counsel
simultaneously with or after filing a charge. The request shall be on a form
developed by the Board. It shall be accompanied by an affidavit attesting to
the charging party's inability to pay or inability to otherwise provide for
adequate representation. (Section 5(k) of the Act) It shall also be
accompanied by affidavits, documents or other evidence supporting the charge.
b) A charging party shall be deemed unable to pay or provide for
adequate representation if the party's "Adjusted Income" is less than
the amount set forth in Table A to this Part for a "Family Unit" of
the applicable size, and if this person is not entitled to representation from
a labor organization (or such representation would be inappropriate) or under
the provisions of a prepaid legal services plan or similar arrangement. As an
example, instances when representation by a labor organization would be
inappropriate include when an individual files charges against a labor
organization.
c) For purposes of this Section, "Adjusted Income"
refers to all gross income available to the charging party for the prior year
from wages, pensions, annuities, insurance or public assistance benefits,
interest and dividends, and other such sources, including liquid assets such as
savings and checking accounts, stocks, bonds and similar investments, less the
following deductions for the prior year:
1) Child
care and court-ordered child support payments;
2) That portion of educational and medical expenses which exceeds
5 percent of total gross income;
3) Unreimbursed
expenses of obtaining and maintaining employment; and
4) An amount equivalent to 20 percent of wages earned, to
approximate withholding for taxes and social security and the like.
d) For purposes of this Section, "Family Unit" means
the charging party and all other persons related to the charging party by
blood, marriage or adoption who reside in the charging party's household and
are dependent upon the charging party for at least one half of their support.
e) If the Board or its designated representative determines that
the charging party is unable to pay or is otherwise unable to provide for
adequate representation, and that the charge is not clearly without merit, the
charging party shall select counsel from a list of attorneys maintained by the
Board.
f) Counsel
selected by the charging party shall certify to the Board:
1) That they are licensed to practice law in Illinois under the
rules of the Illinois Supreme Court.
2) That they have previous experience as the representative of
parties in the trial or hearing of contested cases. An attorney without trial
experience, including a law student certified to practice under Rule 711 of the
Illinois Supreme Court, shall satisfy this requirement if actively supervised
and accompanied at hearing by an attorney with previous trial experience, in
which case the supervising attorney shall make the certification.
3) That they accept appointment in return for compensation from
the Board at the rate of $75 per hour ($30 per hour for the time of law
students and paralegals) plus costs, i.e., copying documents, subpoena fees,
and subject to a maximum compensation limit of $5000 in any single cause. The
maximum limit of $5000 may be increased in a particular case upon application
to the Board if the circumstances of the case, including the number and
complexity of the issues, demand the investment of time and expenses exceeding
the limitation.
4) That they will maintain contemporaneous, careful records of
time and expenses devoted to the case and will supply copies or summaries to
the Board, together with bills for services rendered, at least monthly for each
month in which time or costs are accrued.
g) Payment for personal services at the hourly rate is due upon
completion of the Board proceedings in the cause. Payment of costs up to a
total of $500 are payable on a monthly basis for the month in which the costs
are incurred. Costs totalling more than $500 are payable at the completion of
the proceedings before the Board and may be incurred only with prior approval
of the Board, e.g., in instances in which issues presented are numerous or call
for numerous witnesses.
h) An
attorney appointed by the Board to represent a charging party pursuant to this
Section shall not withdraw from such employment without approval of the Board
or its Administrative Law Judge.
(Source: Renumbered from Section
1220.30 and amended at 27 Ill. Reg. 7436, effective May 1, 2003.
Section 1220.TABLE A "Adjusted Income" Standards for Appointment of Counsel in Unfair Labor Practice Cases
| TITLE 80: PUBLIC OFFICIALS AND EMPLOYEES
SUBTITLE C: LABOR RELATIONS
CHAPTER IV: ILLINOIS LABOR RELATIONS BOARD
PART 1220
UNFAIR LABOR PRACTICE PROCEEDINGS
SECTION 1220.TABLE A "ADJUSTED INCOME" STANDARDS FOR APPOINTMENT OF COUNSEL IN UNFAIR LABOR PRACTICE CASES
Section 1220.TABLE A
"Adjusted Income" Standards for Appointment of Counsel in Unfair
Labor Practice Cases
|
Size of
Family Unit
|
Adjusted
Annual Income Limit
|
|
|
|
|
1
|
$ 8,860
|
|
2
|
11,940
|
|
3
|
15,020
|
|
4
|
18,100
|
|
5
|
21,180
|
|
6
|
24,260
|
|
|
|
(Source:
Amended at 27 Ill. Reg. 7436, effective May 1, 2003)
|
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|
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